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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of animal export-import |
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processing facilities; providing penalties; requiring an |
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occupational license; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.020(c), Agriculture Code, is amended |
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to read as follows: |
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(c) The provisions of law subject to this section and the |
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applicable penalty amounts are as follows: |
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| Provision |
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Amount of Penalty |
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| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
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| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
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| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
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| and 134 |
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not more than $5,000 |
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| Subchapters A, B, and C, Chapter 71 |
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not more than $5,000 |
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| Chapter 14 |
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not more than $10,000 |
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| Subchapter C, Chapter 146 |
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not more than $5,000 |
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| Chapter 1951, Occupations Code |
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not more than $5,000 |
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| Chapter 153, Natural Resources |
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| Code |
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not more than $5,000. |
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SECTION 2. Chapter 146, Agriculture Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. LICENSING AND INSPECTION OF EXPORT-IMPORT PROCESSING |
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FACILITIES |
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Sec. 146.041. DEFINITION. In this subchapter, "facility" |
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means an export-import processing facility: |
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(1) located in this state; |
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(2) authorized under 9 C.F.R. Section 91.14; and |
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(3) that has the capacity to receive and hold animals |
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and animal products for transportation in international trade. |
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Sec. 146.042. POWERS AND DUTIES OF DEPARTMENT. (a) The |
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department has exclusive authority to license facilities in this |
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state. |
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(b) The department shall adopt rules to implement, |
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administer, and enforce this subchapter, including: |
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(1) requirements to obtain and renew a license; |
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(2) standards governing a license holder's operation |
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of a facility necessary to protect the public's health, safety, and |
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welfare and the safety of animals held by a facility; |
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(3) fees for the issuance and renewal of a license in |
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amounts necessary to recover the department's direct and indirect |
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costs of administering this subchapter; and |
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(4) a schedule of sanctions for violations of this |
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subchapter and rules adopted under this subchapter. |
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(c) A governmental entity is exempt from the license and |
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renewal fees under Subsection (b)(3). |
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Sec. 146.043. LICENSE REQUIRED. A person may not operate a |
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facility unless the person holds a license issued under this |
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subchapter. |
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Sec. 146.044. ENFORCEMENT. (a) The department may impose |
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an administrative penalty or other administrative sanction for a |
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violation of this subchapter or a rule adopted under this |
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subchapter, including a penalty or sanction under Section 12.020 or |
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12.0201. |
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(b) The department may suspend or revoke a license for a |
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violation of this subchapter or a rule adopted under this |
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subchapter. |
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SECTION 3. Section 12.020(c), Agriculture Code, as amended |
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by this Act, and Sections 146.043 and 146.044, Agriculture Code, as |
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added by this Act, do not apply before the 90th day after rules |
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under Section 146.042(b)(1), Agriculture Code, as added by this |
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Act, become effective. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
